Medically Decategorized Railway Staff Must Be Absorbed in Regular Cadre Posts, Not Tenure or Safety Posts

The three applicants, formerly Loco Pilots (Mail/Goods) in the North Central Railway, were declared medically unfit (A-1 category) for running duties and subsequently de-categorized.

Following recommendations by a screening committee between 2019 and 2023, the applicants were absorbed into the ex-cadre/tenure posts of Crew Controller/Traction Loco Controller (CC/TLC).

The applicants challenged the impugned orders dated 24.09.2024, 22.04.2025, and 23.04.2025, contending that their absorption into tenure posts rather than a regular cadre violated statutory rules and would adversely affect their seniority and promotional prospects.

1. Whether the absorption of medically de-categorized staff into tenure/ex-cadre posts (CC/TLC) is legally sustainable under the Railway Board’s Master Circular No. 25.

2. Whether the applicants are entitled to the same relief granted in similar precedents (e.g., Ram Babu Sharma v. UOI) regarding absorption in regular non-safety cadre posts.

The court primarily applied Para 6.8 of Master Circular No. 25, which explicitly mandates that medically de-categorized staff must be absorbed into suitable alternative posts in a regular cadre only and not in tenure posts.

It relied on Chapter XIII of the Indian Railway Establishment Manual (IREM) Vol. 1 and Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1 of 1996), which safeguard the service benefits of disabled employees.

The court further cited RBE No. 9/1998 regarding the manning of Controller posts and recent High Court affirmations in Union of India v. Sayyed Aijaz Ali (Writ–A No. 8980/2023), which classified CC/TLC posts as "safety category" posts unsuitable for such de-categorized staff.

The Tribunal found that the respondents’ action of posting the applicants as Crew Controllers violated Para 6.8 of Master Circular No. 25, which prohibits absorption into tenure posts to prevent loss of seniority and promotional avenues.

The Tribunal rejected the respondents' argument that the abolition of the Power/Crew Controller cadre (per RBE 9/1998) justified the posting, noting that since 2020, these posts have been re-classified under the "safety category".

By applying the principle of parity, the Tribunal noted that the applicants were "similarly situated" to those in Ram Babu Sharma and Sayyed Aijaz Ali, wherein the Allahabad High Court had already upheld that de-categorized staff must be moved to non-safety, regular cadre posts.

Consequently, the Tribunal held that if no regular post is vacant, the administration is legally bound to create a supernumerary post to protect the employees' status.

The respondents were directed to post the applicants in suitable alternative posts within a regular non-safety cadre or create supernumerary posts as per Chapter XIII of IREM Vol. 1 and Section 47 of Act 1 of 1996. The exercise must be completed within two months.